USPTO Patents Application 10782779

U.S. Application No.: 10/782,779

Response to OA dated January 20, 2010 Attorney Docket No.: 500.34521 CC3

REMARKS

The present application has pending claims 2-5, 8-12, 14 and 15.
35 U.S.C.S103 Rejections

Claims 2, 4 and 8 stand rejected under 35 USC 103(a) as being unpatentable
over U.S. Patent No. 5,541,738 to Mankovitz ("Mankovitz") in view of U.S. Patent No.
5,448,568 to Delpuch et al. ("Delpuch"), and further in view of U.S. Patent No.
5,901 ,149 to Itakura et al. ("Itakura"). Claims 3, 5, 9-12, 14 and 15 stand rejected
under 35 USC 103(a) as being unpatentable over Mankovitz, in view of Delpuch,
further in view of Itakura, and even further in view of U.S. Patent No. 5,671 ,095 to
Arai et al. ("Arai"). These rejections are traversed for the following reasons.

/. Itakura Is an Intervening Reference and Is Overcome By Translation

In the present application, Applicants' claim for foreign priority was made
based on Japanese Patent Application Nos. 07-103431 and 07-103432, both of
which were filed on April 27, 1995. The Itakura reference was filed on November 6,
1995, which is before the date of filing the present application in the United States,
but after the priority date of the present application. Therefore, Itakura is an
intervening reference, which can be overcome by filing a translation of the certified
copy of the priority document, together with a statement that the translation of the
certified copy is accurate. (See MPEP 201 .15).

Therefore, Applicants submit on even date herewith, a translation of the
certified copies of the priority documents and respective statements that the
translations of the certified copies are accurate. For these reasons, the date of the
Itakura reference is overcome, and Itakura does not qualify as prior art.

Accordingly, reconsideration and withdrawal of the 35 U.S.C. §1 03(a)
rejections of: claims 2, 4 and 8 as being unpatentable over Mankovitz in view of
Delpuch, and further in view of Itakura; and claims 3, 5, 9-12, 14 and 15 as being
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U.S. Application No.: 10/782,779

Response to OA dated January 20, 2010 Attorney Docket No.: 500.34521 CC3

unpatentable over Mankovitz, in view of Delpuch, further in view of Itakura, and even
further in view of Arai, are respectfully requested.

In view of the foregoing remarks, Applicants submit that claims 2-5, 8-12, 14
and 15 are in condition for allowance. Accordingly, early allowance of claims 2-5, 8-
12, 14 and 15 is respectfully requested.

To the extent necessary, the applicants petition for an extension of time under
37 CFR 1.136. Please charge any shortage in fees due in connection with the filing
of this paper, including extension of time fees, or credit any overpayment of fees, to
the deposit account of BRUNDIDGE & STANGER, P.C., Deposit Account No. 50-
4888 (referencing Attorney Docket No. 500.34521 CC3).

Respectfully submitted,
BRUNDIDGE & STANGER, P.C.

/DONNA K. MASON/
Donna K. Mason
Registration No. 45,962

DKM/kah
(703) 684-1470

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